Welcome to the tutorial designed specifically for the creation of new corporations in the state of New Mexico. As there currently exists no online filing method on the government website, representatives will be required to download the Articles of Incorporation in PDF form and submit it through the mail to the office of the Secretary of State. With this form, you will need to provide a filing fee, the total of which will be dependent on the number of shares and monetary value of your corporate stock (if filing as a profit corporation). This will be at least $100 and at most $1000 as each 1000 shares will cost $1. Non-profit entities will only need to provide $25 with their registration forms. Scroll down to review the filing processes for each entity type.

It would be a good idea to perform a preliminary check of the name database before moving forward and sending your documents to the Secretary of State.  Doing so will ensure that the name you are requesting has not already been taken. You can also reserve a desired name for up to 120 prior to filing. The fee necessary is $25 for profit entities while non-profits need only submit $10.

How to File a Profit Corporation

Step 1- The first step required of filers is to download the Articles of Incorporation for a domestic profit corporation.

Step 2- The required data asked of filers in the articles is as follows:

Page 1

  • 1-Name of the corporation
  • 2-Period of duration
  • 3-Purpose for which corporation was organized
  • 4-Number of authorized shares
  • 5-Registered agent name, mailing address and street address

NM-Articles-of-Incorporation-1Page 2

  • 6-Name and address of initial board of directors
  • 7-Name and address of each incorporator
  • Date
  • Printed name and signatures of each incorporator

NM-Articles-of-Incorporation-2Step 3- With your application you will need to supply proof of acceptance by your registered agent. This can be accomplished through the submission of the below form (found linked in the Articles of Incorporation PDF) in which they will need to enter the agent name (whether corporation or individual), the signature of the representative/individual and the name of your business entity.

NM-Articles-of-Incorporation-3Step 4- Also required in the filing package is the Document Delivery Instructions on which you will need to provide the following data:

  • Entity name
  • Contact name
  • Email address
  • Contact phone
  • Date to be dropped off/mailed
  • Nature of the delivery of filed documents (pickup or mailed)
  • Mailing address (if applicable)

NM-Document-Delivery-Instructions

Step 5- Once all forms have been gathered, and the articles have been completed, print the application off in duplicate. You will then be able to supply the filing fee in check or money order format ($1 per 1000 shares) and send all items to the below address for processing.

Corporations Bureau

Office of the New Mexico Secretary of State

325 Don Gaspar – Suite 300

Santa Fe, New Mexico  87501

How to File a Non-Profit Corporation

Step 1- To begin your filing process for a domestic non-profit corporation you must first download the Articles Of Incorporation document.

Step 2- Follow the steps below to advance in your filing process, starting with the following:

  • 1-Name of the corporation
  • 2-Period of duration
  • 3-Purpose of the corporation
  • 4a-Address of the corporation’s initial registered office
  • 4b-Name of the initial registered agent and address
  • 5-Names and addresses of the board of directors
  • 6-Names and addresses of each incorporator, along with the signatures and date signed

NM-NP-Articles-of-Incorporation

NM-NP-Articles-of-Incorporation-2Step 3- The below statement must be attached to the registration forms, showing the acceptance of appointment by the designated registered agent. You must enter the registered agent’s name, followed by the company name, and have the registered agent sign the form. If a corporation is acting as registered agent, enter the name of said corporation and have the authorized officer sign below.

NM-NP-Articles-of-Incorporation-3

Step 4- Be sure to include the Document Delivery Instructions along with your filings. The following information must be included:

  • Entity name
  • Contact name
  • Email address
  • Contact phone
  • Date to be dropped off/mailed
  • Nature of the delivery of filed documents (pickup or mailed)
  • Mailing address (if applicable)

NM-Document-Delivery-Instructions

Step 5- After printing off and filling out the forms above, the registration process is completed by sending the documents to the Secretary of State. Along with those documents you must include a duplicate of the aforementioned forms and a filing fee of $25 in the form of a check or money order made out to the Secretary of State. All articles should be sent to the address located below.

Corporations Bureau

Office of the New Mexico Secretary of State

325 Don Gaspar – Suite 300

Santa Fe, New Mexico  87501

Tips

EIN– All corporations will be required to apply for an Employer Identification Number once their filings have been accepted by the Secretary of State. Obtaining an EIN shows the IRS that you are indeed a legitimate business.  Once acquired, your corporation will be eligible to register for loans, hire employees, and perform a number of other transactions all within the name of the entity. Within the eyes of the law this is a must, and you can get started by applying Online or through the mail with the PDF Form SS-4. Click on the link at the heading of this paragraph form more information on the application process.

Corporate Bylaws– Many corporations utilize a set of corporate bylaws through which they will relay all provisions not documented in the initial registration forms. This document, when implemented correctly, will greatly assist managing members with the organization of their corporation. Please take the time to review the template found linked in the heading of this paragraph to see if incorporating a set of bylaws could be beneficial to your business. For your convenience, we have supplied this document in both MS Word and PDF formats.

Renewal– The New Mexico Secretary of State asks that all corporations renew in order to remain in good standing. This must be accomplished online, through a pre-subscribed account to the Secretary of State online portal (account registration tutorial found here). Domestic entities must file a biennial report costing a total of $25 for profit corporations and $10 for non-profits, though non-profits will be required to submit a report annually. Furthermore, you will be expected to file an initial report within a month of your filing with the Secretary of State, costing filers an additional $25. More information can be found when logged into your online account, accessible through the heading of this paragraph.